United States Seventh Circuit
Elustra v. Mineo, 09-2183
In a suit brought against a police officer and a restaurant owner on behalf of minors claiming civil rights violations and false imprisonment arising from a dispute over a bill owed to the restaurant, the district court's conclusion that the parties reached an enforceable oral agreement to settle their dispute is affirmed where: 1) given the record, the district court had no choice but to confirm the magistrate judge's finding that the plaintiffs, directly or through their lawyer, accepted the agreement; 2) the material terms were definite and certain - defendants would pay $6000 to the plaintiffs in exchange for their dismissal of the lawsuit; and 3) district court did not abuse its discretion in finding that it had complied with Local Rule 17.1.
Appellate Information
- Decided 02/09/2010
- Published 02/09/2010
Judges
- WOOD, Circuit Judge., Before FLAUM, WOOD, and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Edward M. Fox, Attorney, Fox & Associates, Chicago, IL, for Plaintiffs-Appellants., James G. Sotos, Attorney, Christina S. White, Sotos & Associates, Itasca, IL, for Tom Mineo., Ronald W. Payne, Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Brad Fralich.